Editorial: Zoning denial sets dangerous precedent

Now that the Las Cruces City Council has decided Wal-Mart is no longer welcome to expand its business here, we can't help but wonder what other companies might also be on that list. Any business thinking of moving here is surely asking the same question.

The City Council voted unanimously Monday to reject a proposal to rezone land at Tashiro and Valley drives from A-2, rural agricultural district, to C-3, commercial high intensity, even though the change had been approved 6-0 by the Planning and Zoning Commission, and even though the nature of that part of town is clearly changing from farmland to growing neighborhoods in need of retail services.

The request was made by property owner Joe Aday on behalf of Colorado developers Galloway & Co. While it has never been officially confirmed that the request was for a Wal-Mart Neighborhood Market, that has been the assumption ever since Pic Quick owner Oscar Andrade said he had been approached by the retail giant seeking to purchase his liquor license for the proposed store. And, it was based on that assumption that the council voted unanimously to reject the zoning change.

We understand that some people have strong opinions about Wal-Mart and the impact its stores can have on the local economy. Those who oppose the corporate practices of what is the world's largest company in terms of revenue, or who just want to support local shops, can and do vote with their feet every day.

Consumers are free to set high standards and support only those business that meet their expectations in any number of areas. But in an open marketplace, government should not use the zoning process to dictate winners and losers. Especially not at the expense of an existing company that has been an important contributor to the local economy for many years.

Nathan Small, who represents the district where the new store would have gone, voted against the zoning request. He said he supported development in that area of the city ... apparently, just not Wal-Mart.

Ceil Levatino said she was a strong supporter of the free market, but added that local businesses "have to come first." What message does that send to other companies that may look to relocate to Las Cruces in the future and would be seen as competitors to existing businesses? Are we simply shutting the door to competition in the name of protectionism?

Undoubtedly, Small, Levatino and every other member of the council heard from their constituents who dislike Wal-Mart and urged them to oppose the zoning change. They took the popular vote. But in doing so, they set a dangerous precedent, and have sent a chilling message to any businesses considering relocating here.

Las Cruces may or may not be open for business ... it depends on who's asking.